I am a PR of canada and work in the US. What criteria do my employer has to meet other than being a Canadian employer. I might need H-1 visa to work in the US. So does my Canadian employer has to have US office or can it be a different US employer who can sponsor my H-1?
Immigration - 3 Answers
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1 :
If you are doing warranty work or installation work or repair work of Canadian equipment sold to an American co, then you can work in the US, provided you have the proper documentation provided by your employer as prescribed in the NAFTA. Be prepared for thorough checks at the border, lots and lots of questions and occasionally being turned away at the border.
2 :
Keeping your PR status Source scroll down to page 10 http://www.cic.gc.ca/english/resources/manuals/op/op10-eng.pdf PDF Canadian business The definition applies to both large and small businesses and includes: • federally or provincially incorporated businesses that have an ongoing operation in Canada; • other enterprises that have an ongoing operation in Canada, are capable of generating revenue, are carried out in anticipation of profit and in which a majority of voting or ownership interests is held by Canadian citizens, permanent residents or Canadian businesses; and • enterprises which have been created by the laws of Canada or a province. Note: It does not include businesses that have been created primarily for the purpose of allowing a permanent resident to satisfy their residency obligation while residing outside of Canada [R61(2)]. Loss of PR status Source http://www.cic.gc.ca/english/resources/manuals/op/op10-eng.pdf PDF Pg 11 Employment outside Canada The Regulations enable permanent residents to comply with the residency obligation while working abroad, provided that: • they are under contract to, or are full-time employees of, a Canadian business or in the public service, where the assignment is controlled from the head office of a Canadian business or public institution in Canada; and • they are assigned on a full-time basis, as a term of their employment or contract, to a position outside Canada with that business, an affiliated enterprise or a client. Pg 12 The four principal ways that permanent residents can meet the residency obligation under IRPA are by: • their physical presence in Canada; • accompanying abroad (that is, ordinarily residing with) a spouse or common-law partner or parent who is a Canadian citizen; • being employed abroad, on a full-time basis, by a prescribed Canadian business or in the public service of Canada or of a province; or • accompanying abroad (that is, ordinarily residing with) a Canadian permanent resident spouse or common-law partner or parent who is also outside Canada and who is employed, on a full-time basis, by a prescribed Canadian business or in the public service of Canada or of a province. Everything above is from CIC and will tell you what you need to know,. I don't know what US requirements are - your employer should know that.
3 :
The easiest way is with a TN visa. However, until you get Canadian citizenship, the TN is not available to you. If the Canadian company has a US office, they can apply for an L visa for you which is for intra company transfers. However, they are harder for non-Canadian citizens. Otherwise you have to get an H-1B. However there are exxentially no employers looking for H-1B hires rightnow unless you have some incredibly unique skills.
